It is the purpose of this chapter to promote
the health, comfort, convenience and general welfare of all residents
of the community and to protect and preserve the rights of the Town
of Cortlandt and its inhabitants by regulating the methods and procedures
of collecting and disposing of garbage, rubbish and refuse within
the Town of Cortlandt.

A watertight, nonrusting metal or plastic container of substantial
construction with sloping sidewalls, its volume or capacity not to
exceed 30 gallons nor its total full weight to exceed 70 pounds, equipped
with a tight-fitting cover of the same material as the container and
bail or two substantial handles. The Town shall not be responsible
for breakage of plastic containers. Securely-tied plastic bags at
least 1.5 mils thick, the weight of which does not exceed the ability
of the bag to hold the material without breaking when picked up by
the neck, may be substituted as a "container"; an automated compaction
unit with a capacity for six cubic yards or dumpsters; or any other
container as may be approved by the Manager of the Sanitation Division.

The Superintendent of Sanitation or his designee shall from
time to time promulgate and file with the Town Clerk a list of all
waste which is deemed to be "nonacceptable." The criteria for determining
nonacceptability shall be that it is not acceptable to the resource
recovery plant operators to which all of the Town's other refuse and
rubbish is delivered. Said list as promulgated herein shall be filed
with the Town Clerk and shall take effect immediately upon its filing
with the Town Clerk.

The Manager of Sanitation will establish a list of materials
and items that are to be recycled by the residents of the Town. Said
list will be filed with the Town Clerk and received and filed by the
Town Board at a regular meeting.

The residence districts as shown on the revised map of the
Comprehensive Zoning Map of the Town of Cortlandt, as well as any
multifamily dwellings that are permitted under the Zoning Ordinance
of the Town of Cortlandt.

The removal and disposal of garbage, refuse
and rubbish in the Town of Cortlandt, New York, shall be under the
jurisdiction of the Central Operations Department. The Manager of
Sanitation is hereby empowered to make and publish regulations concerning
the days and time of collection for garbage, combustible rubbish and
refuse, the location and number of containers and any and all other
regulations pertaining to the collection and disposal of these wastes
as he may deem advisable, provided that such regulations are not contrary
to this chapter, and further provided that no regulation shall become
effective until a copy thereof is filed in the office of the Town
Clerk of the Town of Cortlandt.

The container shall be maintained in good condition
by the owner thereof and shall not be permitted to have any ragged
or sharp edges or any other defects liable to hinder or harm the person
collecting the contents thereof.

Should the container deteriorate to such an extent
that the handles thereof become dangerous and liable to injure or
hinder the person collecting the contents of said container or should
it leak, it must be replaced by a proper container within one week
after receipt of written notice from the Central Operations Department
of said condition. All such improper receptacles shall be removed
by the Town collectors.

Said container shall be kept covered at all
times with a proper tight-fitting cover except while garbage is being
put into such can or while the same is being emptied. It shall be
unlawful for anyone other than authorized collectors to disturb any
container or to remove the cover or any of the contents thereof or
cause the contents thereof to be strewn or scattered on the lawns,
sidewalks, streets, alleys, parks, playgrounds, empty lots or other
public places in the Town of Cortlandt.

Dead shrubbery, limbs of trees, flowers, hedge clippings
and the like may be deposited for collection, provided that the same
are cut into lengths of not greater than four feet and are securely
tied in bundles not more than two feet in diameter.

No garbage, rubbish or refuse or other waste matter
shall be put out on the street in the residential area for collection
by any person before 7:00 p.m. on the night preceding collection nor
after 7:00 a.m. of the day of collection. Empty cans must be removed
by sunset of the day of collection.

During the time period from Memorial Day through Labor
Day, the aforesaid collection time of 7:00 a.m. shall be 6:00 a.m.,
and the exact start and end of said pickup time shall be set forth
annually by the Director of Environmental Services with the approval
of the Town Supervisor.

The Town of Cortlandt will continue to recycle.
The Manager of Sanitation shall promulgate rules and regulations with
respect to the type of recyclables to be collected and the manner
in which said recyclables are to be left at curbside for collection.
For the first 90 days of the recycling period, anyone who fails to
comply with recycling shall be given a warning notice by the Manager
of Sanitation. At the expiration of said ninety-day period, anyone
who does not properly recycle those materials as included in the list
heretofore promulgated by the Manager of Sanitation shall be subject
to the fines and penalty provisions of this chapter. The Manager of
Sanitation, with the consent of the Town Board, may implement recycling
programs in all or part of the Town for various materials.

The Manager of Sanitation shall from time to time
promulgate a list of those items which shall be collected by the Town
on an appointment-type basis and only upon payment of a fee by the
property owner for the collection of the same. The items to be included
in this area include but are not limited to automobile tires.

The Manager of Sanitation is hereby empowered to promulgate
rules and regulations concerning the collection of these items and
will also promulgate the fees to be charged with respect to the collection
of these items.

The Manager of Sanitation shall be responsible
for the operation of the Town-owned disposal facilities when in operation,
but not limited to the hours of operation, the material which may
be deposited therein and the method of disposal.

Limitations on properties served. It shall be the
duty of every person who accumulates garbage, refuse or rubbish to
prepare the same for removal by the Sanitation Division of the Town
of Cortlandt, except where disposition by a private collector is arranged.
Empty cardboard or wooden cartons which have not been flattened shall
not be picked up.

Not more than the equivalent of three thirty-gallon
containers of garbage, rubbish or refuse shall be collected in each
of two collections in any one week from any one place of business,
store, factory or similar establishment or from any property in a
residential area without a charge therefor. In the case of residential
multifamily dwellings, this limitation shall be for each dwelling
unit contained therein.

Where the property owner or tenants provide an approved garbage container which can be mechanically emptied into a Town truck, the Manager of Sanitation may authorize Town trucks to enter upon such property, with the written permission of the owners, to empty such container in accordance with Subsection B(1) of this section.

The Manager of Sanitation shall not be required to
remove from either private residences or from commercial establishments
mechanically operated vehicles or machinery or any parts thereof,
including tires.

All multiple residences of more than three stories
in height constructed after the effective date of this chapter shall
process all garbage through a compactor or individual compactors before
collection by the Town.

All multiple residences of 10 or more units in any
single development shall place their garbage and refuse in one-and-one-half-
or two-yard containers or compactors of a type compatible with the
Town's mobile collection equipment as approved by the Manager of Sanitation.

Notwithstanding anything contained herein, those
parcels of land receiving refuse collections in volumes or quantity
greater than the above amounts as of April 1, 1991 (which parcels
are listed below), shall continue to have the same volume or quantity
as enumerated below, collected until such time as:

The business entity sells, conveys or transfers
said entity to a different person, corporation, partnership or association,
or there occurs a bulk sale of assets of said corporation, partnership
or association assets or a transfer of a majority of the shares of
stock of such corporation or a transfer of more than 50% of the partnership
units.

It shall be unlawful for any person, firm or
corporation to engage in the business for hire of collecting, handling
or transporting through the streets or public ways of the Town of
Cortlandt any rubbish, ashes and scrap paper without first obtaining
a license to engage in such business. Every person, firm or corporation
desiring to engage in such business shall make application to the
Manager of Sanitation by setting forth the name of such person, firm
or corporation, the residence, if an individual, or the address and
place of business, if a firm or corporation, and pay a fee for such
license in the sum as set by resolution of the Town Board from time
to time for each vehicle to be used in the conduct of such business.
Each such license so issued shall expire on the 31st day of December
following such date of issue. All vehicles to be used for such purpose
must be approved by the Manager of Sanitation as satisfactorily constructed
to prevent littering of the Town highways and/or streets and so as
not to adversely affect the health, safety and convenience of the
people of the Town. The Manager of Sanitation may withdraw approval,
and upon such withdrawal he must cancel the license within 10 days
after written notice to the applicant at the address listed on application.
A copy of all licenses will be filed with the Town Clerk.

Place or cause to be placed in or upon any public
street, sidewalk or alley of the Town of Cortlandt any ashes, dirt,
garbage, refuse or rubbish except as might be provided by this chapter
or rules promulgated hereunder.

Place or cause to be placed any garbage, refuse or
rubbish or foreign matter of any kind whatsoever in any fountain,
pool, pond, lake, stream, culvert, reservoir or its tributaries or
watershed or any body of water in a park or elsewhere within the Town,
except that this provision shall not prohibit the authorized treatment
and control of pools or reservoirs to control or regulate water purity
or aquatic vegetation by persons or corporations having all required
permits issued by state, county, Town or watershed authorities having
jurisdiction over such treatment or such permits.

Any person, firm or corporation engaged in the
business of cutting or trimming trees or shrubs or in the construction,
remodeling and/or demolition of buildings shall be responsible for
the disposal of such trees, tree and shrub cuttings and trimmings
or discarded building materials at the expense of such person, firm
or corporation. It shall be unlawful for such person, firm or corporation
to deposit the aforesaid at any location within the Town, whether
privately or publicly owned, unless licensed by the Department of
Environmental Conservation.

In a case where a provision of this chapter
is found to be in conflict with any provisions of the Health and Sanitary
Code of the County of Westchester and/or the Sanitary Code of the
State of New York, the provisions of this chapter shall apply.

The provisions of this chapter shall supersede
local laws, ordinances, codes and regulations to the extent that such
laws, ordinances, codes or regulations are inconsistent with the provisions
of this chapter, provided that nothing herein contained shall be construed
to prevent the adoption of a law, ordinance or regulation which is
more restrictive or establishes a higher standard for the collection
and disposal of refuse, rubbish and garbage as provided in this chapter,
and such more restrictive requirements or higher standard shall govern
during the period in which it is in effect.